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December 18, 2003
TO THE PRESIDENT AND MEMBERS OF
THE CITY COUNCIL OF PHILADELPHIA:
I am herewith returning to you as disapproved Bill Number 030714, which shifts primary responsibility for the repair of sidewalks from the adjacent property owner to the City, changes the process governing the grading, paving, repaving, or repair of, and revises the assessment of property owners for the costs of such work. It does so by capping at 30% the adjacent property owner's liability for the cost of sidewalk repair. While I recognize that deteriorating sidewalks are, indeed, a problem for many property owners in the City, I cannot support this bill.
This bill eliminates the City's ability to compel property owners to repair their sidewalks and instead, creates for the City primary liability for sidewalk repair. Thus, the City becomes responsible for every slip and fall case and twisted ankle that might results from inadequate sidewalk repair. Currently, those costs are born by property owners most of whom are insured. While the City defends hundreds of sidewalk cases annually under the current ordinance, under this bill the number of cases will increase substantially and the cost to defend the City against potential claims and the potential financial liability for the City would be crippling. At the same time, private insurance companies are relieved of their current responsibility and financial risk.
In addition to the overwhelming cost, the proposed legislation also presents other challenges. Presently, the City does not have the number of employees necessary to patrol, uniformly, the various sidewalks of the City. If we relied on complaints about these problems, unfair enforcement of this effort may result.
The Streets Department has estimated, based on computer mapping, that there are approximately 2300 miles of streets in Philadelphia and approximately 4,557 acres of sidewalks. The City's sidewalks are made up of...
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